Ramadan v ACN 098 408 176 Pty Ltd

The Full Court of the Supreme Court of South Australia heard an appeal concerning an award of damages. The appellant, Mr. Ramadan, sought to challenge the quantum of damages awarded by the trial judge. The second respondent, ACN 098 408 176 Pty Ltd, also sought to bring a cross-appeal.

The primary legal issues before the Full Court were whether the damages awarded by the trial judge were excessive or inadequate, and whether the second respondent should be granted an extension of time to pursue its cross-appeal. The Court also considered points and objections not taken below, and the equitable doctrine of election in relation to a repayment made by the second respondent.

The Full Court allowed the appeal, finding that the trial judge's award of damages was incorrect. The Court substituted an award of $245,004, in addition to interest, for the amount previously ordered. The second respondent was granted an extension of time to bring its cross-appeal, but the cross-appeal itself was dismissed. The Court indicated that further submissions would be required from the parties regarding the calculation of interest and any potential claims arising from a repayment made in 2016, as well as on the question of costs.